2020-099 Ordinance - Laserfiche WebLink

Home Browse Search

EXHIBIT A 1359.09 PROPERTY MAINTENANCE BOND. (a) The owner shall in all cases be responsible for performing and liable for all costs associated with or expenses incurred to maintain the unoccupied building and premises following its vacancy and pursuant to the requirements of this chapter. Within three business days after receiving a notice from the Building Commissioner as set forth in Section 1359.08 above, the owner of any unoccupied commercial building shall guarantee such maintenance by posting a cash bond or negotiable securities in an amount determined by the Building Commissioner to be necessary to secure the City's potential cost of correcting Code violations or abating unsafe, dangerous or nuisance conditions, which shall be subject to the procedure herein. In determining the appropriate amount, the Building Commissioner shall consider the size of the building and premises, the age and condition of the building and premises as well as the type of building. In no event shall the bond be less than five hundred dollars ($500.00) or more than five thousand dollars ($5,000). The property maintenance bond shall remain at the disposal of the Building Commissioner, while the building remains unoccupied, to provide payment for such maintenance, abatement of any nuisance or to remedy any violation of this chapter pursuant to Section 1359.06. The ten-day notice to correct and abate as required by Section 1359.06 shall include a warning that, if the owner fails to comply, the owner's bond shall be expended to correct or abate the violation. (b) The bond shall be filed with the Director of Finance and maintained in a special account, available for disbursement to pay costs deemed necessary to remedy violations and as requisitioned by the Building Commissioner. If the bond is expended to remedy any violation, the owner shall, upon notice of such deficiency, replenish the bond to its original amount. The Director of Finance shall release and refund the entire bond (or any balance remaining after deductions to remedy violations) to the owner only upon the Building Commissioner's verification of the occupancy of the building and only upon the owner's full compliance with this chapter and full satisfaction of all costs or expenses to remedy violations. (c) The owner may appeal the niFector's-Building Commissioner's determination of the appropriate bond amount to the City's Building and Zoning Board of Appeals. Such appeal shall be made in a writing setting forth the reasons for the appeal and filed with the Building and Zoning Board of Appeals within fourteen days after notice of the Director's Building Commissioner's determination. (Ord. 2020-18. Passed 2-18-20.)